| People v Rodriguez |
| 2014 NY Slip Op 09041 [123 AD3d 631] |
| December 30, 2014 |
| Appellate Division, First Department |
[*1]
|  The People of the State of New York,Respondent, v Angelo Rodriguez, Appellant. |
Steven Banks, The Legal Aid Society, New York (Ellen Dille of counsel), forappellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), forrespondent.
Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered August1, 2012, convicting defendant, upon his plea of guilty, of criminal possession ofmarijuana in the fourth degree and criminal possession of a weapon in the fourth degree,and sentencing him to an aggregate term of three years' probation and forfeiture of $173,unanimously affirmed.
Although Penal Law § 480.00 applies only to felony convictions, theforfeiture in this matter, where the special narcotics indictment charged defendant withmisdemeanors, was authorized by CPL 220.50 (6), because it was an agreed uponcondition of a plea to an indictment (see People v Escaloria, 119 AD3d 707 [2d Dept2014&rsqb). We have considered and rejected defendant's remaining arguments.Concur—Sweeny, J.P., Andrias, Saxe, DeGrasse and Gische, JJ.